HC issues notice on writ petition challenging classification of IT

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Chennai, Feb 19 (UNI) The Madras High Court today issued a notice to Union Finance Secretary and Under Secretary to Central Board of Direct Taxes Department on a writ petition challenging the classification of income-tax assessees into women assessees below the age of 65 and other than women assessees below 65 years.

It also challenged collection of income-tax from each of the so classified income tax assessees, in two different rates under the Finance Act 2007 for the fiscal 2007-08.

A Division Bench comprising Mr Justice S J Mukhopadhaya and Mr Justice M Venugopal directed the respondents to file counter before March 13.

Advocate R Muthukrishnan said in his writ petition that the Finance Act 2007 (act number 22), which came into force on April one last, gave effect to the financial proposals of the Centre for the financial year 2007-08.

The petitioner also impugned the income-tax provision, which deducted Rs 500 from a woman income-tax assessee, when their respective total income would not exceed Rs 1,45,000, as agaist Rs 3,500 from a man assessee.

This discriminatory act of the respondents against men vis-a-vis women was highly illegal and unconstitutional and derogated Article 15(1) of the Indian Consitution and also was illegal violating Article 14 of Constitution.

The petitioner also prayed that mutatis mutandis in the rate of income-tax in the case of all individuals of India and below the age of 65 years should be consistent.

The Bench posted the case for further hearing to March 13.


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